With the first sitting of the newly formed National Gambling Authority (ANJ) the old guard has officially been put to pasture. But why was the ANJ formed and how does it differ in scope and authority from ARJEL?
Late 2019 saw France sign in a new suite of gambling regulations which would see the existing gambling regulator, L’autorité Nationale de Régulation des Jeux en Ligne (ARJEL), replaced by a more empowered national gambling authority, L’autorité Nationale des Jeux (ANJ).
While the ANJ was meant to assume power early in 2020 this was not possible as the bylaws state that the authority could only replace ARJEL post its first sitting. Said sitting took place today June 22nd, 2020, officially seeing the end of the existing regulator and ringing in the reign of the ANJ.
The real questions at this time, however, are why was the ANJ put in power and what are the quantifiable differences, if any, between the two regulatory bodies?
Why Was the ANJ formed?
Online gambling was initially completely taboo in France with only a few land-based gambling activities such as horse racing, lottery and some licenced gambling being allowed within the framework of a state-run monopoly.
However, with the broader global acceptance of online gambling, the privatisation of the FDJ (La Française des Jeux) and the introduction of France’s own Online Gambling Law a body was required to manage online gambling in the region, and ARJEL was formed.
As the gambling vertical matured it soon became apparent that online gambling and land-based gambling needed a single point of management. This need for a central gambling authority in France led to Ordinance No. 2019–101 which created the new National Gambling Authority (ANJ).
What Is the Scope of the ANJ?
Chairperson of the ANJ, Isabelle Falque-Pierrotin, explains the role and scope of the Gambling Authority saying:
“The ANJ just isn’t an enlarged ARJEL, it’s a new challenge that requires rethinking regulation. It has to adapt its intervention to monopolies (FDJ and PMU) and to gamers playing principally anonymously in factors of sale. I wish to arrange a regulation that mixes help and management as a way to higher serve and shield gamers”
The extent of ANJ’s authority is immediately apparent when considering that the Gambling Authority oversees all online and offline gambling for France, which means it is responsible for:
Where ARJEL had influence over only 11% of the regional legal gambling entities ANJ now regulates nearly 80% of all French gambling, with revenue estimates in excess of €50 billion per year.
France Steps Up Player Protection
Player protection is a large part of the ANJ mandate and are they empowered to take wide-reaching action in the pursuit of these ends.
This includes requiring internet service providers and website hosting providers to block user access to unregulated online gambling operators. It even extends to requiring search engine operators like Google and Bing to exclude them from appearing in French search results for online gambling and online casino searches.
Interestingly, while online gambling operators can face criminal charges and financial penalties for contravening French law the players themselves are immune to any legal action.
Should French players make use of unregulated gambling sites they will not face prosecution rather the Gambling Authority has made it clear that such players have no legal recourse for lost funds or unpaid winnings through the French courts.
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